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Theoretical Analysis And Reflection On Unilateral Dissolution Of Labor Contracts In China

Posted on:2019-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:X Y YangFull Text:PDF
GTID:2416330548975502Subject:Law
Abstract/Summary:PDF Full Text Request
Chinese reforming and opening has prompted the entire society and labor relations to become industrialized,urbanization,marketization and internationalization,the labor law and labor contract law in our country to protect the workers,gradually established a unique system of unilateral termination of labor contract in China.Our entire labor legal system is designed at a very high level of dismissal protection.With the deepening of Chinese market economic system reforms,workers have serious stratification,and the unilateral cancellation system for labor contracts in China is not perfect,so that unable to balance each level the legal rights and interests of employees with unit of choose and employ persons labor autonomy.In view of that present situation,this paper analyzes the system of unilateral release of labor contract and the basic theory of labor contract in China from two viewpoints of individual laborers and employers.In view of the fact that China's labor laws are extremely laissez-faire of the resignation rights of laborers and the strict restrictions on employers' right of dismissal,after examining the United States' free system of arbitrary employment,dismissal,and the principle of dismissal of the dismissal of Japanese dismissal,it is reasonable to conclude that Germany the reason is that a strict dismissal protection system can serve as a reference for our country.Then based on the reality of our country's laborers stratification,we should put forward sound suggestions.Introduce the layered protection of laborers into the unilateral lifting of the labor contract design,and proposes to design different labor contract unilateral dismantling systems according to different levels of laborers,so that the labor market can achieve an external flow of flexibility;at the same time,the use of change dismissal theory design a job separation system to ensure the quality and flexibility of the labor force within the employer.
Keywords/Search Tags:The labor contract, Unilateral termination of the system, Theory
PDF Full Text Request
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